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Re: What will happen with the Sport CFI Rating

Posted: Wed Aug 13, 2014 9:57 am
by MrMorden
CTLSi wrote:
drseti wrote:Andy, to further clarify (or muddle) the issue, a traditional CFI is certified inder FAR 61 Subpart H. A so-called Sport CFI is certified under Subpart K. Both are CFIs. Both can instruct with a DL medical, in an LSA. A subpart K CFI can only instruct in an LSA, and only toward a Sport Pilot rating, regardless of his or her medical (even if one has a First Class medical, this restriction still holds.) I don't see medical certificate reform as changing this in any way.

A current Subpart H CFI can also instruct in a non-LSA, with or without a medical (and even without a driver's license). He or she just can't be PIC. So, the medical is a pilot requirement, not a CFI requirement. This is important in primary instruction, when the CFI is PIC. Thus, a Subpart H CFI with a lapsed medical can only give primary instruction in an LSA, at present, and only with a valid driver's license. If the 3rd class medical is replaced by a DL, a Subpart H CFI with a lapsed medical would then be able to be PIC in a non-LSA, opening the door to him or her giving even primary instruction in a non-LSA. This, however, would not give the Subpart K CFI any additional privileges.
It seems incredible that a CFI without a medical can be in a non LSA instructing given the POSSIBLE need to take over and fly the aircraft. The tenuous definition of PIC is often argued on these boards. I don't want to get into that, but why would the FAA allow anyone to get into a non LSA under current medical requirements that assumes the role of flying the aircraft if/when a student is unable to do it?
I think the idea is that if the student is acting as PIC, there should be no circumstances short of medical incapacitation of the *student* that would warrant him "taking" control. He's essentially a passenger at that point, acting in an advisory capacity. Just because he's a CFI doesn't mean he can snatch the controls from anybody he's riding with.

Re: What will happen with the Sport CFI Rating

Posted: Wed Aug 13, 2014 10:00 am
by comperini
CTLSi wrote:It seems incredible that a CFI without a medical can be in a non LSA instructing given the POSSIBLE need to take over and fly the aircraft. The tenuous definition of PIC is often argued on these boards. I don't want to get into that, but why would the FAA allow anyone to get into a non LSA under current medical requirements that assumes the role of flying the aircraft if/when a student is unable to do it?
We need to remember how the FAA thinks... The CFI certificate is not a flying certificate. It's a teaching credential. Without a medical, the CFI is no different than a non-pilot passenger, so he can never legally be PIC. That's why no primary instruction (because those receiving training with only a student pilot certificate, or nothing, can't be PIC). Doing flight reviews, prof checks, advanced training to people who already hold pilot certificates (and therefore assume the PIC role) is ok.

Re: What will happen with the Sport CFI Rating

Posted: Wed Aug 13, 2014 10:26 am
by drseti
CTLSi wrote:It seems incredible that a CFI without a medical can be in a non LSA instructing given the POSSIBLE need to take over and fly the aircraft. <snip> why would the FAA allow anyone to get into a non LSA under current medical requirements that assumes the role of flying the aircraft if/when a student is unable to do it?
I know it seems incredible, and can't answer the "why," but FAA Legal has made their intention very clear, with Letters of Interpretation affirming that a CFI with even a denied or revoked medical can give flight reviews to a current pilot, and a CFII under similar conditions can give instrument proficiency checks to a non-lapsed IFR pilot. In these cases, the CFI is acting as an observer, not a pilot.